QLDIn ForceAct
Guardianship and Administration Act 2000
sec.155Suspension of guardianship order or administration order
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### sec.155 Suspension of guardianship order or administration order
The tribunal may, by order, suspend the operation of all or some of the power of a guardian or administrator (an appointee ) for an adult if the tribunal suspects, on reasonable grounds, that the appointed person is not competent.
An appointee is not competent if, for example—
a relevant interest of the adult has not been, or is not being, adequately protected; or
the appointee has neglected the appointee’s duties or abused the appointee’s powers, whether generally or in relation to a specific power; or
the appointee has otherwise contravened this Act.
The tribunal may make an order under subsection (1) in a proceeding without hearing and deciding the proceeding or otherwise complying with the requirements of this Act.
The suspension may not be for more than 3 months.
During the suspension of the operation of power of a guardian, the public guardian is taken to be the guardian for the adult for the exercise of the suspended power.
During the suspension of the operation of power of an administrator, the public trustee is taken to be the administrator for the adult for the exercise of the suspended power.
s 155 amd 2014 No. 26 s 240 (1)
(sec.155-ssec.1) The tribunal may, by order, suspend the operation of all or some of the power of a guardian or administrator (an appointee ) for an adult if the tribunal suspects, on reasonable grounds, that the appointed person is not competent.
(sec.155-ssec.2) An appointee is not competent if, for example— a relevant interest of the adult has not been, or is not being, adequately protected; or the appointee has neglected the appointee’s duties or abused the appointee’s powers, whether generally or in relation to a specific power; or the appointee has otherwise contravened this Act.
(sec.155-ssec.3) The tribunal may make an order under subsection (1) in a proceeding without hearing and deciding the proceeding or otherwise complying with the requirements of this Act.
(sec.155-ssec.4) The suspension may not be for more than 3 months.
(sec.155-ssec.5) During the suspension of the operation of power of a guardian, the public guardian is taken to be the guardian for the adult for the exercise of the suspended power.
(sec.155-ssec.6) During the suspension of the operation of power of an administrator, the public trustee is taken to be the administrator for the adult for the exercise of the suspended power.
- (a) a relevant interest of the adult has not been, or is not being, adequately protected; or
- (b) the appointee has neglected the appointee’s duties or abused the appointee’s powers, whether generally or in relation to a specific power; or
- (c) the appointee has otherwise contravened this Act.